site to buy business solutions designed by SAP and partners
|Date||16 June 2012|
|chars per word||5.23|
|syllables per word||1.7|
|words per sentence||25.52|
|Flesch reading ease score:||37.1|
|Automated readability index:||16|
|Flesch-Kincaid grade level:||14.4|
|Gunning fog index:||17.2|
SAP AG ("SAP") uses the SAP Business Center ("BC") to provide services for and information on certain SAP solutions. The selection of information is at SAP’s sole discretion only. In no event shall the user of the BC (hereinafter: "User") have the right to obtain certain information or certain version of information. The information (but not the products and services licensed and/or purchased through the BC, which shall be subject to the operative contracts) is provided to User free of charge.
Acceptance of Terms
User acknowledges and agrees that it may obtain direct access to certain SAP confidential information via the BC web pages. SAP desires to protect its proprietary rights to and the confidentiality of its software, related documentation and business secrets published in the BC. User acknowledges the necessity and desirability of such protection and agrees to these confidentiality provisions:
As used herein:
a. The term Confidential Information shall mean all information contained in the BC which SAP protects against unrestricted disclosure to others and which is reasonably identifiable as confidential. Confidential Information specifically includes, but is not limited to, the following information regarding SAP’s software:
· Computer software (object and source codes)
· Programming techniques and programming concepts
· Methods of processing
· System designs embodied in SAP’s software
· Flow charts
· Product specifications
· Application program interface specifications
· Techniques and
b. The term Innovations shall mean any new techniques, designs, computer software and any related innovations developed or discovered by SAP during any period in which User is entitled to access and use the BC, that
· Incorporate directly any of SAP’s software
· Incorporate any materials to or in which SAP has intellectual property rights
· Incorporate, use or relate to a method, concept or idea of any Confidential Information that User is required to maintain in confidence hereunder.
c. The term Services shall mean any services, resources and materials including, but not limited to, communication forums, blogs, wikis, information about SAP products, tools for users and download areas. All Services offered by BC, including any updates, new features, any further additions to the BC, enhancements and/or modifications are subject to these ToU.
2. Protection Of Confidential Information
With respect to any Confidential Information disclosed to it, User agrees:
· To use such Confidential Information solely within its company and within the country in which its company has its registered office and solely in connection with its permitted access to and use of the Services for information purposes only. In no event shall User use Confidential Information to develop, create, enhance, or modify any work products.
· To maintain the confidentiality of the Confidential Information in the same manner that User protects the confidentiality of its own proprietary and confidential information.
· Not to disclose any Confidential Information to any party without the prior written consent of SAP.
3. Innovations And Services
User agrees to treat all Innovations and Services as Confidential Information subject to and in accordance with these ToU. User acknowledges and agrees that it shall have no proprietary interest in such Innovations and Services and all rights to copyrights, trade secrets and/or other proprietary rights shall belong to SAP. User agrees that nothing in these ToU shall be deemed to give User the right to modify any SAP software.
User shall not be obligated to treat information, Innovations or Services as Confidential Information if such information (i) was rightfully in User’s possession prior to receipt from or disclosure by SAP without limitation on disclosure; or (ii) is or becomes public knowledge other than through the fault of User; or (iii) is or was rightfully disclosed to User without obligation of confidentiality by a source other than SAP or any party under their respective control; or (v) is independently developed by User without use of the Confidential Information disclosed hereunder; or (iv) must be disclosed by User according to mandatory applicable law (but only after sufficient prior notice to SAP with opportunity for SAP to appear and object to such disclosure).
5. Obligations Of User
User acknowledges and agrees to be solely responsible to (i) provide SAP with complete, true, correct and most current User information; (ii) keep up to date, true, correct, complete and maintain the User information. User is solely responsible with regard to usage and security of its password and any and all activities that occur under its account. SAP shall not be liable for any unaccredited use of the Services or any loss that User may incur as a result of someone else using its account and/or password, either with or without User’s knowledge. User shall not use the password and/or account of anyone else at any time. In case User provides to SAP any wrong, outdated, incorrect or incomplete User information, or SAP has reasonable grounds to suspect that the provided User information is wrong, outdated, incorrect or incomplete, SAP will give User notice to update its information. If User does not update and/or completes its account information within thirty (30) days after notice was given, SAP may temporarily suspend or terminate User’s account as set forth in section 8 and SAP may refuse any or all current or future use of the BC for User.
6. Privacy And Data Protection
User acknowledges and agrees that SAP collects, uses, stores and otherwise processes personal, inventory and utilization data in machine readable form within the scope and for the purposes of the Services. Data to be processed may include, without limitation, name, email address, telephone number, postal address, credit card details (number and expiration date) and company information. All personal data will be treated confidential and in compliance with the Federal German Data Protection Act (Bundesdatenschutzgesetz) and other applicable legislation. SAP will also adhere to and may use information in accordance with the SAP Privacy Statement. SAP shall keep confidential all personal information obtained from User in conjunction with the BC. SAP may create statistics based on data provided by or collected from Users (including usage statistics), however such data will be made anonymous for such statistical purposes and will be used for improvement of the Services provided in the BC or SAP´s internal business purposes (including those stated in the SAP Privacy Statement). Usage data of SAP employees may be reviewed by the responsible HR manager but only where you have received an advance notification.
7. Use Of Services
User acknowledges and agrees that any article, upload of code/bizpackage, information, data, text, software, graphics, video, messages, or any other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originates. User is solely responsible, and SAP disclaims all responsibility, for all Content published, uploaded, posted or otherwise transmitted by User via the Services. SAP does not control the Content which is being posted via the Services and does not guarantee any quality, accuracy or integrity of such Content. Under no circumstances will SAP be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content published, posted, emailed, transmitted or otherwise made available via the Services.
SAP does not want to receive confidential or proprietary information from User through the BC or the Services. Any Content that User sends or uploads to SAP will be deemed NOT to be confidential or proprietary. If User sends or uploads Content that is confidential or proprietary to a third party without that third party’s permission, SAP reserves all rights with respect to such activities, including without limitation reporting User to the relevant authorities and taking other appropriate steps as may be permitted and/or required under applicable law. If User sends or uploads Content that is intended to infect, corrupt or otherwise disrupt the operation of the BC, SAP reserves all rights with respect to such activities, including without limitation reporting User to the relevant authorities, taking other appropriate steps as may be permitted and/or required under applicable law and making every effort to ensure User is held fully accountable to the fullest extent of the applicable laws.
By sending or uploading any Content to SAP, User grants SAP an unrestricted, irrevocable, royalty-free, worldwide (with rights to sublicense) license to use, reproduce, display, perform, modify, transmit, distribute and sell that Content including, but not limited to, the right to allow third parties to download the uploaded Content and use it in any way and for any purpose. User also agrees that SAP is free to use any ideas, concepts, know-how or techniques that User sends (including those incorporated in the Content) for any purpose and in any way. User understands and agrees that SAP may in particular post or publish the Content on the BC, within the Services, a SAP website or any other media. User also understands and agrees that SAP may include whatever information and identifying indicia SAP collects from User (e.g., registration information, email-address, etc.) as part of the posting or publication of Content. User understands and agrees that SAP may elect not to post or publish the Content that User sends or uploads. Furthermore, if SAP initially elects to post or publish the Content, SAP may in its sole discretion elect to withdraw the posted or published information for no reason and without notice.
User agrees not to use the Services to:
· publish, upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
· defame, harass, abuse, stalk, threaten or otherwise violate the legal rights of others such as rights of privacy and publicity;
· impersonate any person or entity, including, but not limited to, a SAP official, SAP employee, forum admin, guide or host, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
· forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
· publish, upload, post, email, transmit or otherwise make available any Content that User does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and/or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
· publish, upload, post, email, transmit or otherwise make available any Content, including images and photographs, that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
· publish, upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, pyramid schemes, or any other form of solicitation, commercial or otherwise;
· publish, upload, post, email, transmit or otherwise make available any material or Content that contains software viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other computer code, files or programs designed to interrupt, destroy, damage or limit the functionality of any computer software or hardware or telecommunications equipment or other property;
· download any file or Content posted by another user that User knows, or reasonably should know, cannot be legally reproduced, displayed, performed and/or distributed in such manner;
· disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
· interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
· intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
· harvest, collect or store personal data of other users, including email-adresses.
User acknowledges and agrees to comply with all applicable laws, including those regarding the transmission of technical data exported from the United States or the country in which User resides.
Upon User’s unauthorized usage of Services as outlined in this section 7, SAP may temporarily suspend or terminate User’s account as set forth in section 8 and refuse any and all current or future use of the Services or any portion thereof. User acknowledges and agrees that SAP may access, preserve and disclose User’s account information and/or Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with a legal process; (ii) enforce the ToU; (iii) respond to claims that any Content violates the rights of third parties or (iv) protect the rights, property or personal safety of SAP, users of the Services and the public.
8. Termination, Changes and Notices
SAP reserves the right to make changes to these ToU and to modify, change or discontinue parts or the whole of the BC and/or its Services at any time. SAP may provide notices of changes to the ToU or the BC and its Services by providing User with links directly via the Services or providing notice to User via email. SAP may make changes to its products, Services and software at any time without notice. SAP, in its sole discretion, may suspend or terminate Users password and/or account, its use of the Services and remove any Content in the Services, for whatever reason, including User’s unaccredited use of the Services or if User is in breach of these ToU. SAP shall not be liable to User or any third party for any termination or change of the BC and/or the Services.
9. Specific Terms to Software Available On The BC
Any software that is made available to download from the BC is the copyrighted work of SAP. User is not entitled to install any software which is accompanied by or includes a License Agreement, until User first agrees to the terms of the License Agreement. The software is made available for download solely for use according to the License Agreement. Any reproduction or redistribution of the software not in accordance with the License Agreement is expressly prohibited by law.
Any copying or reproduction of the software to any other server or location for reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the License Agreement which accompanies such software. The software is warranted, if at all, only according to the terms of the License Agreement. Except as warranted in the License Agreement, SAP hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
User must not modify, decompile or reverse engineer any software and must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of software or information from the Services.
User acknowledges and agrees to indemnify and hold SAP, its affiliates, subsidiaries, officers, directors, agents, partners, employees, contractors, subcontractors and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of User’s Content, User’s usage of the Services and connection to the Services, User’s breach of these ToU, or User’s violation of any other rights of another.
11. Warranties and Liability
SAP does not guarantee or warrant any features or qualities of the software, information and/or Services provided in BC or give any undertaking with regard to any other quality. Statements and explanations to software and/or the related services in promotions material or on BC and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No such warranty or undertaking shall be implied by Customer from any other published SAP description of or advertisement for the software and the Services except to the extent SAP has expressly confirmed that other quality in writing. Warranties are validly given only when included in express written contracts executed by authorized representatives of SAP.
SAP does not represent or endorse the accuracy or reliability of any (i) links to web-pages of third parties contained on the BC, (ii) the content provided contained on or obtainable by such web-pages and/or (iii) any information provided by third parties on the BC. SAP only reviews whether the content of such web-page at the time it was linked and/or the information provided by third parties on the BC evidently contains illegal contents or infringements against intellectual property rights. SAP will not permanently control and/or review the linked web-pages and the information provided by third parties but – upon sufficiently proven indication — will remove the respective link and/or information. SAP shall not be liable for damages caused by the use of the content and/or information unless such damages have been caused by SAP’s willful misconduct, gross negligence.
12. Limitation Of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICBLE LAW, SAP AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, SUBCONTRACTORS AND LICENSORS ARE NOT LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AFORESTATED LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY SAP AND IN CASE SAP STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS APPLY.
13. Entire Agreement
This Agreement contains the entire understanding of SAP and the User as to the subject matter hereof, and supersedes all prior or contemporaneous agreements and understandings between the parties with respect to the subject matter of this Agreement. No license to the Confidential Information, Innovations, software or Services is hereby granted to User.
14. No Conflict
User represents and warrants to SAP that the performance of User’s obligations hereunder does not and shall not conflict with any other agreement or obligation to which the User is a party or by which User is bound.
15. Applicable Law
This site is created and controlled by SAP AG in Germany. As such, the laws of Germany will govern these ToU, without giving effect to any principles of conflicts of laws.
User’s confidentiality obligations hereunder shall survive termination of User’s account. Upon SAP’s termination subject to section 8 or SAP’s written request, User must cease use of Confidential Information, Innovations and/or Services and return or destroy all Confidential Information.
17. Waiver And Severability
The failure of SAP to exercise or enforce any right or provision of these ToU shall not constitute a waiver of such right or provision. To the extent that any provision in these ToU shall be found to be unenforceable for any reason, such provision shall be modified in such a manner so as to make these ToU as modified, legal and enforceable under applicable laws, and the balance of the provisions of these ToU shall not be affected thereby.
The Services may contain links to external World Wide Web sites and information provided by others, including SAP partners and third-party service providers. Neither this information nor the external sites are under the control of SAP. SAP shall not be responsible for the contents of any linked site or resources or any link contained in a linked site, or any changes or updates to such sites. User further acknowledges and agrees that SAP shall not be directly or indirectly responsible or liable, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
19. Provision of Additional Information
User acknowledges and agrees that SAP may contact User either via e-mail, mail or telephone in order to provide User with additional information on SAP Business ByDesign and/or other SAP offerings (products or services). At any time, User may opt-out of being contacted by SAP or receiving e-mail or mail communication by sending an e-mail to SAP by using the "CONTACT US" box included with the SAP Business ByDesign Business Center.